- (1.) The petitioner Unit is involved in operation of mini stone crusher since 2009. The Unit aforesaid was ordered to be closed by the Uttar Pradesh Pollution Control Board (hereinafter referred to as "Board") on 19. 02. 2015 for violation of certain environmental conditions and the conditions necessary to operate the crusher. The Appellate Authority invoking the powers under Section 31(2) of the Air (Prevention and Control of Pollution) Act , 1981 (hereinafter referred to as "Act, 1981") examined validity of the order aforesaid and set aside the same vide judgment dated 23. 09. 2015.
(2.) Suffice to state that during pendency of the appeal aforesaid, an inspection of the Unit was carried out by the Regional Officer of the Board on 13. 08. 2015. In the inspection report, a recommendation was also made for discharge of the closure order subject to fulfilling the certain conditions by the petitioner.
(3.) Pointing out certain deficiencies including that the Unit is situated at a distance of 13 meters from middle point of National Highway-76 (hereinafter referred to as "NH-76") and also opposite to certain residential houses, the petitioner was called upon to explain as to why it be not closed and further why necessary orders be not passed to disconnect electricity, water supply and other usual facilities. The response to the notice was given on 18. 04. 2016, but noting was stated therein relating to location of the Unit which was said to be situated at the distance of 13 meters from the middle point of the NH-76.;